KHAN GHULAM MOHD Vs. JOLLY ARTS

JUDGEMENT

(1.) PLAINTIFF Kh. Ghulam Mohd. instituted a civil suit No. 78/1982 in the Court of Sub Judge (Judge Small Causes Court) Srinagar for recovery of Rs.9900/ - as damages for use and occupation of the premises "M/S Jolly Arts" situated at Residency Road, Srinagar with interest on grounds pleaded thereto. After the written statement was filed, plaintiff was directed to lead evidence on the issues raised vide order of the trial court dated 13 -8 -1984. When the evidence of the plaintiff was in pipe line, the plaintiff wanted to tender his evidence as his own witness. The other side objected and the trial court on 2 -3 -1988 disallowed the prayer of the plaintiff to appear as his own witness. The order is impugned in this revision.

(2.) THE respondents have been set exparte by Bench order dated 10 -9 -1988. Petitioner/Plaintiff has been heard. The impugned order has been challenged on the ground that at no stage court directed the plaintiff to depose as his own witness before the statement of the other witnesses could be recorded. In absence of any such direction, the trial court could not have fore -closed the recording of the statement of the plaintiff. After all procedural rules are meant to advance the cause of justice rather than to hamper it. The trial court had the discretion to allow the plaintiff to be examined even at a later stage in exercise of its discretion.

(3.) THE counsel for the petitioner has canvassed that the impugned order is unjust and the provision of Rule 3A of Order 18 C.P.C, which require party to appear as his own witness ahead, of his other witnesses has been enforced in 1983 and the plaintiff was ignorant of the provision and the Court at no stage of proceeding directed opening of plaintiff€™s evidence with the recording of plaintiff€™s statement first. The orders on record would reveal that the trial court has been all along recording the statement of plaintiff€™s witnesses till the other side raised the objection.